Seeber vs. Autorelocationplus, Inc.

Defendant Autorelocationplus, Inc.’s motion to compel compliance with business records subpoena is DENIED.

The motion is untimely. A motion to compel compliance with a discovery subpoena must, among other things, “be made no later than 60 days after the completion of the record of the deposition....” (Code Civ. Proc., § 2025.480, subd. (b); Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127, 134-136.) The deposition record is “complete” as of the “date specified for production” or the date a nonparty serves an objection. (Code Civ. Proc., § 2025.480, subd. (b); Unzipped Apparel, at pp. 127, 136; Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011, 1032-1035.) This 60-day deadline is mandatory. (Unzipped Apparel, supra, 156 Cal.App.4th at p. 136; see Board of Registered Nursing, supra, 59 Cal.App.5th at pp. 1034-1035.)

Further, this deadline applies whether the motion is brought under Code of Civil Procedure section 1987.1 or Code of Civil Procedure section 2025.480. (Unzipped Apparel, supra, 156 Cal.App.4th at pp. 135- 136.)

Here, defendant served the subject subpoena on nonparty deponent Luz Elena Cano, M.D. (Dr. Cano) on 11/12/24. (Furukawa Decl. ¶ 3, Ex. 1.) The subpoena specified a production date of 12/3/24. (Id. at Ex. 1.) No objections were served and Dr. Cano failed to comply. (Id. ¶¶ 4, 7-8.) Defendant was therefore required to bring this motion within 60 days of the production date, or by no later than Monday 2/4/25. (Code Civ. Proc., § 2025.480, subd. (b); see id., §§ 12-12b [computation of time]; Unzipped Apparel, supra, 156 Cal.App.4th at pp. 127, 134-136.) Defendant failed to bring this motion until January 2026, well past this deadline.